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AB accused for 3 instances of sexual assualt & rape against 1 woman. Lawsuit filed against him


Reed83HOF

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4 minutes ago, SectionC3 said:

 

 

No armchair here. 

 

Ladies and Gentlemen, Long Island Medium is in the house!!

 

ps - just busting your balls or otherwise depending on your gender assigned at birth 

Edited by dubs
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13 minutes ago, GoBills808 said:

 

In the instances you gave I believe the standard you're referring to is a 'reasonable suspicion', which is a lower standard of proof than probable cause. 

 

Man, you’re confusing my brain. ?

 

this: https://www.law.cornell.edu/wex/probable_cause

 

to me indicates that PC has more to do with the arresting side, not indicting and trial. 

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1 minute ago, whatdrought said:

 

Man, you’re confusing my brain. ?

 

this: https://www.law.cornell.edu/wex/probable_cause

 

to me indicates that PC has more to do with the arresting side, not indicting and trial. 

Yeah. I'm pretty sure probable cause is almost entirely limited to arrests, limited detainment and search warrants 

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8 minutes ago, dubs said:

 

Ladies and Gentlemen, Long Island Medium is in the house!!

 

ps - just busting your balls or otherwise depending on your gender assigned at birth 

 

 

You can tell I’m a lawyer based on this response:

 

Your reference to “armchair lawyers and psychics” is ambiguous.  It’s unclear whether you meant “psychics” and “armchair lawyers,” or “armchair psychics” and “armchair lawyers.”  Applying the rule that an ambiguity (in this instance, in a message board post) must be construed against the drafter, my response in no way can be deemed to have suggested that I am a psychic inasmuch as your “armchair” reference could have pertained only to the question whether I have earned/lucked into a law degree and licensure to a state bar.   :)

 

(And, for what it’s worth, I don’t believe in psychics.) 

 

 

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7 minutes ago, SectionC3 said:

 

I think you’re looking for “corroborating” instead of “circumstantial.”  E.g., evidence of physical trauma to the victim would be direct evidence of the rape and corroborate a victim’s testimony as to a rape.  

 

The corroborating evidence rule applies to accomplice testimony and confessions.  Testimony of a victim, standing alone, is legally sufficient to convict in a sexual abuse/sexual assault case.  That said, prosecutors are disinclined to bring a case to a grand jury (other than perhaps a child sexual abuse case) in the absence of corroborating evidence.  

 

So, technically, this case could be brought on the testimony of the victim alone.  But I don’t think that will be an issue because we have the text message exchanges that corroborate at least the contention that sexual intercourse occurred.  How that effects the forcible penetration element of the crime lies in the eye of the beholder, I suppose. 

 

Thank you. Whether you call it circumstantial or corroborative evidence, I confess to being surprised that a conviction can occur solely on the basis of the complainant's affirmations. The reason is that I have a hard time regarding such assertions as constituting evidence as such and, if that is correct, it would follow that a criminal conviction cannot proceed in the absence of evidence. Now maybe that's where I'm wrong. Maybe the complainant's allegations are in criminal law and in procedure regarded as evidence albeit rarely, if ever, of sufficient weight to displace the legal presumption of innocence.

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7 minutes ago, whatdrought said:

 

Man, you’re confusing my brain. ?

 

this: https://www.law.cornell.edu/wex/probable_cause

 

to me indicates that PC has more to do with the arresting side, not indicting and trial. 

 

Basically correct.  Probable cause to believe a crime has been committed is the threshold for arrest and (I believe) charge by complaint.  The threshold for an indictment — which must supersede a complaint, at least in NYS, is legally sufficient evidence.

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Since this got zero responses on the previous page and a post after it did: This is the accuser (from what I can gather) in a video with AB

 

Does this look like the Brother-Sister relationship they had in her lawsuit?

Edited by Reed83HOF
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1 minute ago, starrymessenger said:

 

Thank you. Whether you call it circumstantial or corroborative evidence, I confess to being surprised that a conviction can occur solely on the basis of the complainant's affirmations. The reason is that I have a hard time regarding such assertions as constituting evidence as such and, if that is correct, it would follow that a criminal conviction cannot proceed in the absence of evidence. Now maybe that's where I'm wrong. Maybe the complainant's allegations are in criminal law and in procedure regarded as evidence albeit rarely, if ever, of sufficient weight to displace the legal presumption of innocence.

 

The allegations themselves (e.g., charges levied in an indictment or in a complaint) aren’t evidence, but the sworn testimony in open court with respect to the events giving rise to the allegations is evidence.  

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Just now, Kelly the Dog said:

I'm confused. What does that show?

 

Well, my very limited understanding is that she insisted there was no relationship- this shows them in flirtatious behavior and in bed together. If she is claiming there was nothing consensual, this might indicate otherwise. - I could be way off on that. 

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6 minutes ago, whatdrought said:

 

Well, my very limited understanding is that she insisted there was no relationship- this shows them in flirtatious behavior and in bed together. If she is claiming there was nothing consensual, this might indicate otherwise. - I could be way off on that. 

I understood it that they did have an off and on thing going on but maybe not 

5 minutes ago, whatdrought said:

 

I agree, obviously, but I thought her argument was there was nothing consensual? (I haven’t read everything so ignore me if I’m 100% off base)

I need to read her accusations again 

edit - you are correct. She says they never dated or had a sexual relationship 

Edited by YoloinOhio
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8 minutes ago, SectionC3 said:

 

Basically correct.  Probable cause to believe a crime has been committed is the threshold for arrest and (I believe) charge by complaint.  The threshold for an indictment — which must supersede a complaint, at least in NYS, is legally sufficient evidence.

 

I was under the impression that 'probable cause', broadly defined, meets the threshold for both arrest and indictment. 

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1 hour ago, uticaclub said:

AB is a tool which should be suspended based on his actions in Oakland. What this lady is doing is awful and should be prosecuted to the full extend of the law. Fake rape chargers are terrible and make actual rape claims unbelievable

 

I thought we weren't supposed to rush to judgement based upon what's reported in the media?

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10 minutes ago, Hapless Bills Fan said:

 

I sit corrected, it's shrimp dipped in caviar.  Old joke.  But I'd imagine raw shrimp would work, too.

 

https://mythologystories.wordpress.com/2013/01/22/smelly-house/

Thanks - it all makes sense now :)

 

It is a good thing the divorce settlement didn't have a clause where "spouse represents & warrants there aren't any existing circumstances when signed"

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18 hours ago, die hard bills fan said:

Not that I like the guy in anyway but rember innocence before guilt and being a jackass football star makes him a more appealing target.

 

I agree - everyone, even a dumba$$, deserves their day in court to face their accuser. Still, it's always nice when Satan's Team attracts some negative karma. Sooner or later that "contract" will come due and the soul harvest will commence. :devil:

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1 hour ago, John from Riverside said:

Pray it never happens to someone you actually care about then

 

Rather, I'll just hope that no female I know would be so stupid to place herself in the same precarious position, that this lady suggests she found herself in with AB, by her own doing.

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Michael Kay is blasting Kraft and the Patriots on his show right now. He said that if AB did write those emails and talking to another person like that, he has serious mental problems. He said AB and the Pats are a disgrace and that Kraft should be ashamed of himself for not cutting Brown if he did indeed write those emails. Says they will do anything to win another SB. Those emails are disgusting and if the Pats do nothing, they are disgusting as well. He also said Brady is nuts for letting him stay in his house with his wife and daughter as AB obviously has no morals or respect for any other human being.

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5 minutes ago, Bubba Gump said:

Michael Kay is blasting Kraft and the Patriots on his show right now. He said that if AB did write those emails and talking to another person like that, he has serious mental problems. He said AB and the Pats are a disgrace and that Kraft should be ashamed of himself for not cutting Brown if he did indeed write those emails. Says they will do anything to win another SB. Those emails are disgusting and if the Pats do nothing, they are disgusting as well. He also said Brady is nuts for letting him stay in his house with his wife and daughter as AB obviously has no morals or respect for any other human being.

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44 minutes ago, SectionC3 said:

You can tell I’m a lawyer based on this response:

 

Your reference to “armchair lawyers and psychics” is ambiguous.  It’s unclear whether you meant “psychics” and “armchair lawyers,” or “armchair psychics” and “armchair lawyers.”  Applying the rule that an ambiguity (in this instance, in a message board post) must be construed against the drafter, my response in no way can be deemed to have suggested that I am a psychic inasmuch as your “armchair” reference could have pertained only to the question whether I have earned/lucked into a law degree and licensure to a state bar.   :)

 

(And, for what it’s worth, I don’t believe in psychics.) 

 

 

I knew you were going to say that.

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